"Did you see Kenneth Moreno commit any crimes that night?" his attorney asked.

"No I did not," Mata said.

The victim previously testified that she was so drunk, that in her apartment all she remembers is hearing a police radio and the sound of Velcro that was thought to be one officer taking off his bullet proof vest.

But describing his partner's interaction with the woman, Mata reportedly said, "Their conversation seemed very friendly, a little flirty at times."